Two Men Married In Md. Seek Marriage Recognition Out-Of-State

A federal judge has ruled in favor of two Ohio men who want
their out-of-state marriage recognized as one of them nears death, a case
that's seen as encouraging for same-sex marriage supporters in the state.

The death certificate for ailing John Arthur can show James
Obergefell as his surviving spouse, U.S. District Judge Timothy Black in
Cincinnati said Monday. The couple wanted the ruling for purposes including
being able to be buried next to each other in an Arthur family plot that allows
only descendants and spouses, The Cincinnati Enquirer reported.

Though Black's temporary restraining order supporting their
death certificate request was specific to the couple's case, opponents of
Ohio's ban on gay marriage said they were encouraged by it.

"This is going to open the door to create a large
number of same-sex couples married in other states" to try to change the
law, said the couple's attorney, Al Gerhardstein.

According to officials, the men married recently in Maryland, which recognizes gay
marriages, their lawsuit filed Friday against state and local authorities said.
With Arthur's condition deteriorating, they flew there July 11th and were married
on an airport tarmac, their lawsuit states. Arthur has Lou Gehrig's disease.

Black said Ohio's ban on same-sex marriage denies them equal
protection under the law, and he also noted that Ohio recognizes other
out-of-state marriages, such as between first cousins, that aren't authorized
to be performed in the state.

"How then can Ohio, especially given the historical
status of Ohio law, single out same-sex marriages as ones it will not
recognize?" Black wrote. "The short answer is that Ohio
cannot...."

An attorney for the city of Cincinnati said it doesn't
oppose the couple's request.

Messages seeking comment were left Tuesday for the
other defendants, Ohio's governor and attorney general.